Same-Sex Divorce

Since same-sex marriage has been legalized country-wide by the United States Supreme Court, such marriages are now legal in Florida, and Florida recognizes marriages entered into in other states. However, same-sex couples who decide later to divorce, sometimes do not have all of the same protections and rights that heterosexual couples seeking divorce have. Same-sex marriage in Florida is so new, there is very little established law regarding some issues.

Prior to legalization, same-sex couples seeking divorce in Florida had little recourse outside of civil court, rather than family court. Today, the process for same-sex couples is similar to that for heterosexual couples, but may differ considerably when minor children are involved. Attorney Daniel J. Freyberg has the experience and knowledge to negotiate, litigate, or otherwise finalize same-sex divorce cases.


There is no substantial difference between same-sex and heterosexual couples when it comes to equitable distribution of marital assets and liabilities. The parties or the Court must determine what is a pre-marital or non-marital asset or liability, separate that from that which is marital, and equitably distribute marital assets and liabilities. However, many same-sex couples may have formed a marital union long before their marriage was recognized as legal in Florida. If the couple made a private contract pertaining to future distribution of assets and liabilities, that contract may be recognized as a foundation for a Settlement Agreement now. And, the couple may decide upon an equitable distribution of assets and liabilities through mediation or other dispute resolution methods.


Many same-sex couples are sharing the joys and hardships of raising children together. However, since both parents cannot be the biological parent of a minor child, if one partner has not legally adopted the child and the other partner is the biological parent, only the biological parent will receive custodial rights in court. If both partners are legal parents through adoption, then the Court will handle these cases as they do with heterosexual parents.

Family court considers numerous factors when determining a Parenting Plan inclusive of time-sharing and parenting rights. As with heterosexual couples, this is a complex matter, and it is best to have an experienced attorney who will hold the best interest of the child(ren) at heart, and also will protect the rights of same-sex parents.

While we are celebrating the legalization of same-sex marriages in Florida, with some marriages come divorce. No divorce is easy to go through, and it makes it especially difficult when you feel there is no one on your side to guide you through the laws. With all of the emotions and the amount of confusion about the same-sex divorce laws that are still so new, it is imperative that you have a caring, non-judgmental attorney, who will make sure you are being treated fairly, that your rights are being defended, and that each aspect of your divorce is dealt with justly and properly.

Contact Brevard County Same-Sex Divorce Attorney Daniel J. Freyberg

To consult with an experienced Florida divorce lawyer who will listen to your concerns and work closely with you to reach the best long-term solutions to your divorce concerns, contact attorney Freyberg online, or call 321-459-2994.

LEGAL NOTICE: Daniel J. Freyberg is Retired from Litigation.